10 LC
33 3809S
The
House Committee on Insurance offers the following substitute to SB
407:
A
BILL TO BE ENTITLED
AN ACT
To
amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated,
relating to individual health insurance coverage, so as to authorize insurers to
offer individual accident and sickness insurance policies in Georgia that have
been approved for issuance in other states; to provide for legislative findings;
to provide for definitions; to provide for minimum standards for such policies;
to provide for certain notices; to authorize the Commissioner of Insurance to
adopt rules and regulations; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
29A of Title 33 of the Official Code of Georgia Annotated, relating to
individual health insurance coverage, is amended by adding a new article to read
as follows:
"ARTICLE
3
33-29A-30.
The
General Assembly recognizes the high level of uninsured individuals in this
state and the need for individuals or other purchasers of health insurance
coverage in this state to have the opportunity to choose health insurance plans
that are more affordable and flexible than existing market policies offering
accident and sickness insurance coverage. Therefore, the General Assembly seeks
to increase the availability of health insurance coverage by allowing insurers
authorized to transact insurance in other states to issue individual accident
and sickness policies in Georgia.
33-29A-31.
The
Commissioner shall approve for sale in Georgia any individual accident and
sickness insurance policy that has been approved for issuance in another state
where the insurer is authorized to transact insurance so long as the insurer's
affiliate or subsidiary is also authorized to transact insurance in this state
pursuant to Chapter 3 of this title and provided that any such policy meets the
requirements set forth in this article. Additionally, any insurer authorized to
transact insurance in this state can offer an individual accident and sickness
insurance policy with benefits equivalent to those in any policy approved for
sale in Georgia under this article, provided that any such offered policy meets
the requirements set forth in this article. For purposes of this article, the
term 'individual accident and sickness insurance policy' means any policy
insuring against loss resulting from sickness or from bodily injury or death by
accident, or both, or any contract to furnish ambulance service in the future
but does not include limited benefit insurance policies exempted from the
definition of the term 'health benefit policy' in paragraph (1.1) of Code
Section 33-1-2.
33-29A-32.
(a)
Any insurer selling an insurance policy pursuant to this article, and any policy
approved by this article, shall satisfy actuarial standards set forth by the
National Association of Insurance Commissioners (NAIC) and any regulation
promulgated by the Commissioner that is not inconsistent with such NAIC
standards. Any insurer selling an insurance policy pursuant to this article,
and any policy approved pursuant to this article, shall, except as otherwise
provided in this article, comply with the requirements of this title and the
regulations promulgated by the Commissioner.
(b)
The Commissioner shall have the authority to determine whether any policy sold
pursuant to this article satisfies the requirements set forth in this Code
section in the same manner as he or she does with an individual accident and
sickness insurance policy approved pursuant to another applicable chapter in
this title.
(c)
Any policy sold pursuant to this article shall comply with paragraph (3) of
subsection (c) of Code Section 9-9-2 and shall not require the insured or his or
her beneficiary to arbitrate disputes arising under the policy.
33-29A-33.
(a)
Each written application for a policy sold pursuant to this article shall
contain the following language in boldface type at the beginning of the
document:
'The
benefits of this policy may primarily be governed by the laws of a state other
than Georgia; therefore, all of the laws applicable to policies filed in this
state may not apply to this policy. Any purchase of individual health insurance
should be considered carefully since future medical conditions may make it
impossible to qualify for another individual health insurance
policy.'
(b)
Each policy sold pursuant to this article shall contain the following language
in boldface type at the beginning of the document:
'The
benefits of this policy providing your coverage may be governed primarily by the
laws of a state other than Georgia. The benefits covered may be different from
other policies you can purchase. Please consult your insurance agent or insurer
to determine which health benefits are covered under this policy.'
33-29A-34.
(a)
The Commissioner shall adopt rules and regulations necessary to implement this
article, which shall include, but shall not be limited to, standard forms for
the disclosure of benefits.
(b)
Any dispute resolution mechanism or provision for notice and hearing in this
title shall apply to insurers issuing and delivering policies pursuant to this
article."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.